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Yahoo
10 hours ago
- Politics
- Yahoo
Contributor: A stunning and tragic Supreme Court decision
The Supreme Court on Friday dealt a grievous blow to separation of powers by holding that federal courts cannot issue nationwide injunctions to halt unconstitutional actions by the president and the federal government. At a time when President Trump is asserting unprecedented powers, the court made it far more difficult to restrain his unconstitutional actions. The case, Trump vs. CASA, involved the president's executive order ending birthright citizenship. The first sentence of the 14th Amendment provides that 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.' In 1898, in United States vs. Wong Kim Ark, the Supreme Court held that this means that everyone born in the United States, regardless of the immigration status of their parents, is a United States citizen. The court explained that 'subject to the jurisdiction thereof' was meant to exclude just children born to soldiers in an invading army or those born to diplomats. Trump's executive order directly contradicted this precedent and our national understanding of citizenship by decreeing that only those born here to citizens or to residents with green cards are citizens too. Immediately, several federal courts issued nationwide injunctions to stop this from going into effect. Read more: Supreme Court limits judges' ability to block Trump's birthright citizenship ban But the Supreme Court, in a 6-3 ruling split along ideological lines, said that federal courts lack the power to issue such orders. Justice Amy Coney Barrett, writing for the conservative justices, declared that such universal injunctions 'likely exceed the equitable authority that Congress has granted to federal courts.' Justice Clarence Thomas, in a concurring opinion, put this succinctly: 'Today puts an end to the 'increasingly common' practice of federal courts issuing universal injunctions.' Indeed, the court's opinion indicated that a federal court can give relief only to the plaintiffs in a lawsuit. This is a radical limit on the power of the federal courts. Nothing in any federal law or the Constitution justifies this restriction on the judicial power. The court did not rule on the constitutionality of Trump's executive order ending birthright citizenship, but it made it far more difficult to stop what is a clearly unconstitutional act. The practical consequences are enormous. It would mean that to challenge the constitutionality of a presidential action or federal law a separate lawsuit will need to be brought in all 94 federal districts. It means that the law often will be different depending on where a person lives. Astoundingly, it could mean that there could be two people born in identical circumstances in different federal districts and one would be a citizen, while the other would not. This makes no sense. It will mean that the president can take an unconstitutional act and even after courts in some places strike it down, continue it elsewhere until all of the federal districts and all of the federal courts of appeals have invalidated it. In fact, the court said that a federal court can give relief only to the named plaintiff, which means that in the context of birthright citizenship each parent affected by the birthright citizenship executive order will need to sue separately. Never before has the Supreme Court imposed such restrictions on the ability of courts to provide relief against unconstitutional acts. The court holds open the possibility of class actions as a way around this. But the requirements for class action litigation are often burdensome, and the Supreme Court has consistently made it much more difficult to bring such suits. Justice Sonia Sotomayor in a powerful dissent expressed what this means. She wrote: 'No right is safe in the new legal regime the Court creates. Today, the threat is to birthright citizenship. Tomorrow, a different administration may try to seize firearms from law-abiding citizens or prevent people of certain faiths from gathering to worship. The majority holds that, absent cumbersome class-action litigation, courts cannot completely enjoin even such plainly unlawful policies unless doing so is necessary to afford the formal parties complete relief. That holding renders constitutional guarantees meaningful in name only for any individuals who are not parties to a lawsuit. Because I will not be complicit in so grave an attack on our system of law, I dissent.' Let there be no doubt what this means; the Supreme Court has greatly reduced the power of the federal courts. And it has done so at a time when the federal judiciary may be our only guardrail to protect the Constitution and democracy. As Justice Ketanji Brown Jackson explained in her dissent, 'The Court's decision to permit the Executive to violate the Constitution with respect to anyone who has not yet sued is an existential threat to the rule of law.' It is a stunning and tragic limit on the power of the courts to enforce the Constitution. Erwin Chemerinsky, dean of the UC Berkeley Law School, is an Opinion Voices contributing writer. If it's in the news right now, the L.A. Times' Opinion section covers it. Sign up for our weekly opinion newsletter. This story originally appeared in Los Angeles Times.
The Independent
11 hours ago
- Politics
- The Independent
What's next for birthright citizenship after the Supreme Court's ruling
The legal battle over President Donald Trump 's move to end birthright citizenship is far from over despite the Republican administration's major victory Friday limiting nationwide injunctions. Immigrant advocates are vowing to fight to ensure birthright citizenship remains the law as the Republican president tries to do away with more than a century of precedent. The high court's ruling sends cases challenging the president's birthright citizenship executive order back to the lower courts. But the ultimate fate of the president's policy remains uncertain. Here's what to know about birthright citizenship, the Supreme Court 's ruling and what happens next. Birthright citizenship makes anyone born in the United States an American citizen, including children born to mothers in the country illegally. The practice goes back to soon after the Civil War, when Congress ratified the Constitution's 14th Amendment, in part to ensure that Black people, including former slaves, had citizenship. 'All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States,' the amendment states. Thirty years later, Wong Kim Ark, a man born in the U.S. to Chinese parents, was refused re-entry into the U.S. after traveling overseas. His suit led to the Supreme Court explicitly ruling that the amendment gives citizenship to anyone born in the U.S., no matter their parents' legal status. It has been seen since then as an intrinsic part of U.S. law, with only a handful of exceptions, such as for children born in the U.S. to foreign diplomats. Trump has long said he wants to do away with birthright citizenship Trump's executive order, signed in Januar,y seeks to deny citizenship to children who are born to people who are living in the U.S. illegally or temporarily. It's part of the hardline immigration agenda of the president, who has called birthright citizenship a 'magnet for illegal immigration.' Trump and his supporters focus on one phrase in the amendment — 'subject to the jurisdiction thereof' – saying it means the U.S. can deny citizenship to babies born to women in the country illegally. A series of federal judges have said that's not true, and issued nationwide injunctions stopping his order from taking effect. 'I've been on the bench for over four decades. I can't remember another case where the question presented was as clear as this one is. This is a blatantly unconstitutional order,' U.S. District Judge John Coughenour said at a hearing earlier this year in his Seattle courtroom. In Greenbelt, Maryland, a Washington suburb, U.S. District Judge Deborah Boardman wrote that 'the Supreme Court has resoundingly rejected and no court in the country has ever endorsed' Trump's interpretation of birthright citizenship. Is Trump's order constitutional? The justices didn't say The high court's ruling was a major victory for the Trump administration in that it limited an individual judge's authority in granting nationwide injunctions. The administration hailed the ruling as a monumental check on the powers of individual district court judges, whom Trump supporters have argued want to usurp the president's authority with rulings blocking his priorities around immigration and other matters. But the Supreme Court did not address the merits of Trump's bid to enforce his birthright citizenship executive order. 'The Trump administration made a strategic decision, which I think quite clearly paid off, that they were going to challenge not the judges' decisions on the merits, but on the scope of relief,' said Jessica Levinson, a Loyola Law School professor. Attorney General Pam Bondi told reporters at the White House that the administration is 'very confident' that the high court will ultimately side with the administration on the merits of the case. Questions and uncertainty swirl around next steps The justices kicked the cases challenging the birthright citizenship policy back down to the lower courts, where judges will have to decide how to tailor their orders to comply with the new ruling. The executive order remains blocked for at least 30 days, giving lower courts and the parties time to sort out the next steps. The Supreme Court's ruling leaves open the possibility that groups challenging the policy could still get nationwide relief through class-action lawsuits and seek certification as a nationwide class. Within hours after the ruling, two class-action suits had been filed in Maryland and New Hampshire seeking to block Trump's order. But obtaining nationwide relief through a class action is difficult as courts have put up hurdles to doing so over the years, said Suzette Malveaux, a Washington and Lee University law school professor. 'It's not the case that a class action is a sort of easy, breezy way of getting around this problem of not having nationwide relief,' said Malveaux, who had urged the high court not to eliminate the nationwide injunctions. Justice Sonia Sotomayor, who penned the court's dissenting opinion, urged the lower courts to 'act swiftly on such requests for relief and to adjudicate the cases as quickly as they can so as to enable this Court's prompt review" in cases 'challenging policies as blatantly unlawful and harmful as the Citizenship Order.' Opponents of Trump's order warned there would be a patchwork of polices across the states, leading to chaos and confusion without nationwide relief. 'Birthright citizenship has been settled constitutional law for more than a century," said Krish O'Mara Vignarajah, president and CEO of Global Refuge, a nonprofit that supports refugees and migrants. 'By denying lower courts the ability to enforce that right uniformly, the Court has invited chaos, inequality, and fear.' ____ Associated Press reporters Mark Sherman and Lindsay Whitehurst in Washington and Mike Catalini in Trenton, New Jersey, contributed.
Associated Press
11 hours ago
- Politics
- Associated Press
What's next for birthright citizenship after the Supreme Court's ruling
WASHINGTON (AP) — The legal battle over President Donald Trump's move to end birthright citizenship is far from over despite the Republican administration's major victory Friday limiting nationwide injunctions. Immigrant advocates are vowing to fight to ensure birthright citizenship remains the law as the Republican president tries to do away with more than a century of precedent. The high court's ruling sends cases challenging the president's birthright citizenship executive order back to the lower courts. But the ultimate fate of the president's policy remains uncertain. Here's what to know about birthright citizenship, the Supreme Court's ruling and what happens next. What does birthright citizenship mean? Birthright citizenship makes anyone born in the United States an American citizen, including children born to mothers in the country illegally. The practice goes back to soon after the Civil War, when Congress ratified the Constitution's 14th Amendment, in part to ensure that Black people, including former slaves, had citizenship. 'All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States,' the amendment states. Thirty years later, Wong Kim Ark, a man born in the U.S. to Chinese parents, was refused re-entry into the U.S. after traveling overseas. His suit led to the Supreme Court explicitly ruling that the amendment gives citizenship to anyone born in the U.S., no matter their parents' legal status. It has been seen since then as an intrinsic part of U.S. law, with only a handful of exceptions, such as for children born in the U.S. to foreign diplomats. Trump has long said he wants to do away with birthright citizenship Trump's executive order, signed in Januar,y seeks to deny citizenship to children who are born to people who are living in the U.S. illegally or temporarily. It's part of the hardline immigration agenda of the president, who has called birthright citizenship a 'magnet for illegal immigration.' Trump and his supporters focus on one phrase in the amendment — 'subject to the jurisdiction thereof' – saying it means the U.S. can deny citizenship to babies born to women in the country illegally. A series of federal judges have said that's not true, and issued nationwide injunctions stopping his order from taking effect. 'I've been on the bench for over four decades. I can't remember another case where the question presented was as clear as this one is. This is a blatantly unconstitutional order,' U.S. District Judge John Coughenour said at a hearing earlier this year in his Seattle courtroom. In Greenbelt, Maryland, a Washington suburb, U.S. District Judge Deborah Boardman wrote that 'the Supreme Court has resoundingly rejected and no court in the country has ever endorsed' Trump's interpretation of birthright citizenship. Is Trump's order constitutional? The justices didn't say The high court's ruling was a major victory for the Trump administration in that it limited an individual judge's authority in granting nationwide injunctions. The administration hailed the ruling as a monumental check on the powers of individual district court judges, whom Trump supporters have argued want to usurp the president's authority with rulings blocking his priorities around immigration and other matters. But the Supreme Court did not address the merits of Trump's bid to enforce his birthright citizenship executive order. 'The Trump administration made a strategic decision, which I think quite clearly paid off, that they were going to challenge not the judges' decisions on the merits, but on the scope of relief,' said Jessica Levinson, a Loyola Law School professor. Attorney General Pam Bondi told reporters at the White House that the administration is 'very confident' that the high court will ultimately side with the administration on the merits of the case. Questions and uncertainty swirl around next steps The justices kicked the cases challenging the birthright citizenship policy back down to the lower courts, where judges will have to decide how to tailor their orders to comply with the new ruling. The executive order remains blocked for at least 30 days, giving lower courts and the parties time to sort out the next steps. The Supreme Court's ruling leaves open the possibility that groups challenging the policy could still get nationwide relief through class-action lawsuits and seek certification as a nationwide class. Within hours after the ruling, two class-action suits had been filed in Maryland and New Hampshire seeking to block Trump's order. But obtaining nationwide relief through a class action is difficult as courts have put up hurdles to doing so over the years, said Suzette Malveaux, a Washington and Lee University law school professor. 'It's not the case that a class action is a sort of easy, breezy way of getting around this problem of not having nationwide relief,' said Malveaux, who had urged the high court not to eliminate the nationwide injunctions. Justice Sonia Sotomayor, who penned the court's dissenting opinion, urged the lower courts to 'act swiftly on such requests for relief and to adjudicate the cases as quickly as they can so as to enable this Court's prompt review' in cases 'challenging policies as blatantly unlawful and harmful as the Citizenship Order.' Opponents of Trump's order warned there would be a patchwork of polices across the states, leading to chaos and confusion without nationwide relief. 'Birthright citizenship has been settled constitutional law for more than a century,' said Krish O'Mara Vignarajah, president and CEO of Global Refuge, a nonprofit that supports refugees and migrants. 'By denying lower courts the ability to enforce that right uniformly, the Court has invited chaos, inequality, and fear.' ____ Associated Press reporters Mark Sherman and Lindsay Whitehurst in Washington and Mike Catalini in Trenton, New Jersey, contributed.
South China Morning Post
18 hours ago
- Politics
- South China Morning Post
US top court curbs judges' power, but fate of Trump birthright citizenship order unclear
A divided Supreme Court on Friday ruled that individual judges lack the authority to grant nationwide injunctions, but the decision left unclear the fate of US President Donald Trump's restrictions on birthright citizenship. The outcome was a victory for the Republican president, who has complained about individual judges throwing up obstacles to his agenda. But a conservative majority left open the possibility that the birthright citizenship changes could remain blocked nationwide. Trump's order would deny citizenship to US-born children of people who are in the country illegally. Birthright citizenship automatically makes anyone born in the United States an American citizen, including children born to mothers in the country illegally. The right was enshrined soon after the Civil War in the Constitution's 14th Amendment. In a notable Supreme Court decision from 1898, United States v. Wong Kim Ark, the court held that the only children who did not automatically receive US citizenship upon being born on US soil were the children of diplomats, who have allegiance to another government; enemies present in the US during hostile occupation; those born on foreign ships; and those born to members of sovereign Native American tribes. Protester Olga Urbina carries baby Ares Webster at a rally outside the US Supreme Court in May. Photo: Reuters The US is among about 30 countries where birthright citizenship – the principle of jus soli or 'right of the soil' – is applied. Most are in the Americas, and Canada and Mexico are among them.
The Independent
19 hours ago
- Politics
- The Independent
Supreme Court limits nationwide injunctions, but fate of Trump birthright citizenship order unclear
A divided Supreme Court on Friday ruled that individual judges lack the authority to grant nationwide injunctions, but the decision left unclear the fate of President Donald Trump's restrictions on birthright citizenship. The outcome was a victory for Trump, who has complained about individual judges throwing up obstacles to his agenda. But a conservative majority left open the possibility that the birthright citizenship changes could remain blocked nationwide. Trump's order would deny citizenship to U.S.-born children of people who are in the country illegally. Birthright citizenship automatically makes anyone born in the United States an American citizen, including children born to mothers in the country illegally. The right was enshrined soon after the Civil War in the Constitution's 14th Amendment. In a notable Supreme Court decision from 1898, United States v. Wong Kim Ark, the court held that the only children who did not automatically receive U.S. citizenship upon being born on U.S. soil were the children of diplomats, who have allegiance to another government; enemies present in the U.S. during hostile occupation; those born on foreign ships; and those born to members of sovereign Native American tribes. The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or 'right of the soil' — is applied. Most are in the Americas, and Canada and Mexico are among them. Trump and his supporters have argued that there should be tougher standards for becoming an American citizen, which he called 'a priceless and profound gift' in the executive order he signed on his first day in office. The Trump administration has asserted that children of noncitizens are not 'subject to the jurisdiction' of the United States, a phrase used in the amendment, and therefore are not entitled to citizenship. But states, immigrants and rights groups that have sued to block the executive order have accused the administration of trying to unsettle the broader understanding of birthright citizenship that has been accepted since the amendment's adoption. Judges have uniformly ruled against the administration. The Justice Department had argued that individual judges lack the power to give nationwide effect to their rulings. The Trump administration instead wanted the justices to allow Trump's plan to go into effect for everyone except the handful of people and groups that sued. Failing that, the administration argued that the plan could remain blocked for now in the 22 states that sued. New Hampshire is covered by a separate order that is not at issue in this case. As a further fallback, the administration asked 'at a minimum' to be allowed to make public announcements about how it plans to carry out the policy if it eventually is allowed to take effect. ___
